The Protection And International Coordination Of Biological Technology Invention

Along with the development of modern biological science and technology, the human are able to understand and use the nature in widespread areas. The new biological technology invention transforms into the new resources which can be used in an unprecedented scale. The development of new biological variety has incomparable scientific and economic value, each country has poured into the huge painstaking to it, the developed country realized to maintain this new biological technology invention by the legal method between 19 century's end and beginning of 20th century, through specially protected the biological new variety and the new technical patent protection, they established an almost consummated legal framework. However, to use what kind of method to protect biological new variety and new technology is always an important issue.The biological technology invention undisputable belongs to the intelligence creation achievement, therefore it suppose to receive the protection of intellectual property rights naturally, since long ago, the traditional patent system removes the biological new variety new technology from it continuously, the reason lies in the invention of biological category create different activeness from that of other objects, the biological material includes the genetic information, might to be duplicate, simultaneously the possibility of biological evolution has also affected the novel judgment of biological new variety and new technology involved. Because of various kinds of particularities, there are a great amount of controversies about the patent of biological technology inventions. Started from 1973, the advancements of modern biological technology development lasts just for 30 years, at the same time the arguments about whether the biological technology is patentable also lasts for almost 30 years, but no matter how, maintaining biology variety under the technical particular situation, we have to realize the generality of biological new variety and new technology, namely like if it could satisfy the exclusive law stipulation in condition, the biological technology invention may obtain the patent protection. At the same time, as the technical invention under the biodiversity systems, the biological technology invention has own characteristic. Because the biological material includes the genetic information to be possible to duplicate and the characteristics of other technology invention domain, it influences a lot to the award of biological technology invention patent and the implementation, due to this, this patent to award bears the particularity. The biological resources are human's joint property, it is the resources which is most closely linked with human's life and the health, the particularity lies in the foundation, namely the gene resources have the national sovereignty, whereas it's achievement is under the intellectual property rights protection, which contradicts to the further utility. The biotechnology development cannot leave the participation and the support of the intellectual property rights, but, if the intellectual property rights protect too much, it can hinder the biological technology in the further development, only when they achieve one kind of balance in condition, can protects both biological technology and invention patent, promotes human society's healthy development and the science progress. While during the use of technical development, awards the patent to be no doubt important, but it must be share the benefit fairly and impartially, this fully manifests the characteristic of public interest of the biological technology invention.Regarding the use of biological resources, the developing nation and the developed country contradict to each other sharply through the time goes by, and protects double model along with the biological new variety and new technology patent protection gradually improving, the intellectual property rights protection of the new produce and the resources sustainable development also appears the fissure. In the international protection domain, The TRIPS represented the developed countries'benefits conflicts the benefits of convention on biological diversity which represented the developing countries'benefit t also arouse the attention.TRIPS allows the member nation to reject the production plants and animals beside microorganism which are based on biological method to grant patent, but requests the member nation to have the patent or set of effective special systems or concurrently with two method to protect plant variety, in other words, the TRIPS acknowledgment biological technology invention intellectual property rights protection does not violate the agreement, whereas the "CBD" signed in 1992 emphasizes in the benefit share in national scope and the sovereignty of heredity resources, removed the patent holder to monopolize to a certain extent arranges his power. The biological resources outside the country's jurisdiction, especially biological technology gain and the transfer based on marine life resources are also share benefits. China, as developing country, must found the balance point in the intellectual property rights protection and in the biological resources sustainable development. China must absorb the experience of developed countries such as European and American, fully considering the influence of related biological technology under"CBD", and to choose the suitable way to protect itself to maintain its benefit.Finally, the author takes the biodiversity and the biological technology invention mutual influence as a breakthrough point, elaborately discusses both conjunction spot in detail, analyses both advantages and disadvantages of biological technology invention to the biodiversity, and founds a method to see the biological variety and related issues from the intelligent property aspect.